10 Kasım 2012 Cumartesi

Follow-up - Negotiating alternative disciplinary procedures for law enforcement personnel

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Follow-up - Negotiating alternative disciplinary procedures for law enforcement personnelWallkill v Civil Serv. Empls. Assn., Inc. (Local 1000, AFSCME, AFL-CIO, Town of Wallkill Police Dept. Unit, Orange County Local 836), 2012 NY Slip Op 07146,
In Town ofWallkill v Civil Serv. Empls. Assn., Inc., the Court of Appeals, affirming the Appellate Division's ruling, held that §155 of the Town Law prohibited Taylor Law negotiationsproviding for an alternative disciplinary procedure for law enforcementpersonnel employed by a town  [see http://publicpersonnellaw.blogspot.com/2012/10/negotiating-disciplinary-procedures.html].
There are other Statestatutes* vesting powers in public employers similar to those set out in§155 of the Town Law. For example, §137 of the Second Class Cities Law sets outprocedures for taking disciplinary action against a police officer orfirefighter employed by the jurisdiction while §8-804 of the Village Lawaddresses initiating disciplinary actions against members of a village policeforce.
Presumably the Wallkill decisionapplies to jurisdictions subject to the Second Class Cities Law and theVillage Law with respect to their respective law enforcement personnel.
* Historical NoteSee, also, McKinney's Unconsolidated Law §1041 which addressed the removal of policeofficers in the competitive class and Chapter 360 of the laws of 1911 addressing certainterms and conditions of employment affecting police officers.


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